People v. Levan

Carro, J. (dissenting).

Defendant-appellant Levan was indicted for murder in the second degree, manslaughter in the first degree and criminal possession of a weapon in the second and third degrees. His motion to suppress the weapon used in the homicide was denied. He was convicted after jury trial of criminal possession of a weapon in the third degree and sentenced to an indeterminate term of from one to three years.

On May 2, 1979, an eyewitness identified Levan as the perpetrator of a homicide which had occurred on April 28, 1979. Detectives went to defendant’s apartment on several occasions…